overturning a decree?

[debt_mountain]

I have done a search but cant find the answer.

 

I have a company that has a decree on me for a car loan. Can I have this overturned/set aside as there are charges on the amount they are claiming?

 

What is the process for doing this.

 

Thanks in advance?

[rory32]

Was the decree granted in absence or did you defend?

[debt_mountain]

in absence.

[rory32]

And was it an ordinary cause action? How long ago was the decree granted?

 

Normally (and in the case of an ordinary cause action this would always be the case as long as there are still sums outstanding) you would draw up what is known as a Reponing Note - you'll need a solicitor to help draw this up for you and there will be a court fee for filing it. The reponing note must be lodged with the sheriff clerk stating your proposed defence and the reason for failing to appear when the action was first raised.

 

You must also serve the pursuer with a copy of the reponing note.

 

As soon as you have lodged the reponing note with the court and served a copy on the pursuer this will operate as a sist of the diligence. Note however that any diligence already executed is not recalled.

 

The sheriff clerk will set a date for hearing the application and you should advise the pursuer of this date.

[debt_mountain]

excellent, I will get onto this tomorrow. Thankyou very much.

[debt_mountain]

And was it an ordinary cause action? How long ago was the decree granted?

 

it was ordinary cause even though it was a standard CCA claim and less than the small claims limit.

 

it was 7 months ago.

 

you also said "Note however that any diligence already executed is not recalled.

"

can you help me understand what this means?

 

thanks

[rory32]

it was ordinary cause even though it was a standard CCA claim and less than the small claims limit.

 

Although the type of action is usually defined by the financial limits it can also be defined by the type of action brought.

 

I only asked how long ago it was since the decree was granted as there is another avenue to recalling the decree. Given the length of time and the fact that it was an ordinary cause then that avenue is not available.

 

you also said "Note however that any diligence already executed is not recalled.

"

can you help me understand what this means?

 

Put in plain English it simply means if you have paid the decree in full then you can not have it recalled or file a reponing note.

[debt_mountain]

I have only partially paid the decree. Will get a solicitor onto it. thanks